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(영문) 서울서부지방법원 2013.11.21 2013고합54
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

On June 19, 2012, the Defendant was sentenced to a suspended sentence of three years and a fine of five million won in a year and June 1st, 2012 at the Seoul Western District Court (Seoul Western District Court). The judgment became final and conclusive on September 4, 2012.

Criminal facts

The Defendant is the representative director of K Co., Ltd. (hereinafter “K”) who purchased steel from Company I, J, Co., Ltd., Ltd. (hereinafter the name of the Co., Ltd. is omitted, and jointly referred to as “damage Co., Ltd.”) and sells it in Korea or exports it to foreign countries.

On April 201, the Defendant made a false statement to the K Office located in Mapo-gu Seoul Metropolitan Government Ltel 806 that “I would pay the price for the goods to K by the last day of the following month ( May 31, 201) if I sold the steel products supplied in Poco to K.”

However, in fact, K’s annual sales amounting to about 40-10 billion won, and around 201, the company’s financial status was bad to approximately 4.388,898,000,000 won in total capital -364,52.70, and if I knew of the company’s financial status, it did not supply steel products. However, although the Defendant did not notify the company’s financial status after the Defendant’s financial statements in 2010 were prepared as if the company’s financial status was black and continuous profit, the Defendant did not inform the company that the Defendant could not pay the goods until the due date even if the Defendant was supplied with the steel products from I, but rather increased the steel orders more than about 2 times in comparison with the steel orders in the previous year.

The Defendant is equivalent to KRW 3,341,115,371 (in total, KRW 2,786,615,99,994) from the victimized Company, as stated in the attached list of crimes, including receipt of steel materials equivalent to the market price of KRW 694,49,377, around March 31, 201 from I.

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